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SD-1: Regina Calcaterra loses court appeal, drops out of the race.

by: Adama D. Brown

Fri Aug 20, 2010 at 03:00:17 AM EDT


It's official: SD-1 candidate Regina Calcaterra has dropped out of the race following the appellate court upholding a lower court ruling that says she doesn't meet residency requirements for the State Senate.

I wish I could say this surprises me, but it doesn't. The argument Calcaterra's lawyers chose, to try and prove that she hadn't given up residency, was a tough one given that she had surrendered her New York driver's license and bought a house in PA. The fact remains that the court's assumption of a continuous residency requirement doesn't mesh with a plaintext reading of the state constitution, but that approach was apparently judged not politically viable by Calcaterra's lawyers.

Calcaterra is encouraging the Democratic and Working Families parties which had endorsed her to now support Calcaterra friend Jennifer Maertz for the seat, but it's hard to see how after this we have any realistic chance of starting over with a new candidate in the just over ten weeks until the election. Calcaterra's campaign was a major challenge that got clotheslined--you can't rebuild that very easily.

Of particular interest will be the question of Calcaterra's campaign warchest. While I'm sure she'll try to give all she can to her would-be successor, it seems to me that state campaign finance laws would prevent her from giving more than the legal limit for an individual contribution, which is $9500 to $15,500. As of the 32 day pre-primary report less than two weeks ago, Calcaterra had almost $139,000 on hand. If she chose to roll that money over into other candidates, it could shake up the landscape.

Adama D. Brown :: SD-1: Regina Calcaterra loses court appeal, drops out of the race.
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There are two loopholes (0.00 / 0)
She can give all the money to the state DSCC, which can give unlimited amounts to any candidate or candidates they choose (well, not unlimited -- they can't give more money than they have).  Technically, since the money is going through the DSCC, Calcaterra loses control of where it ends up, but ...

Meanwhile, she can also spend the money in non-coordinated support of another candidate.  She could create her own mailings, using literature developed independently, run her own phonebanking operation, etc.


Or save it for a potential run in 2012 (0.00 / 0)


We've got some work ahead of us.

[ Parent ]
Indeed, "transfers" are unlmited (0.00 / 0)
NYS election law, Section 14-100, 10., provide

''Transfer'' means any exchange of funds or any thing of
value between political committees authorized by the same
candidate and taking part solely in his campaign, or any
exchange of funds between a party or constituted committee
and a candidate or any of his authorized political committees.

-------

She can "transfer" all of her cash to the Suffolk County Democratic Party or the Town Party to keep the cash close to home.

A few days before he passed away, Senator Tom Morahan transferred most of his campaign cash, $350k, to charities, but he also transferred $30k to the Rockland County Republican Party and $25k to the SRCC. He "donated" $9,000 to Scott VDH's campaign.


[ Parent ]
Sloppy (0.00 / 0)
frankly, there's no excuse for this.  Sloppy, sloppy, sloppy

GOP says no to election in SD One (0.00 / 0)
The Republicans have filed objections to the nomination of Jennifer Maertz by the vacancy committees of the Democratic and Working Families Parties.
Apparently the GOP prefers the Soviet system of only one candidate on the ballot, so long as that candidate is a Republican.

On what basis? (0.00 / 0)
What are they objecting to?  Did she visit Calcaterra in Pennsylvania once too often?  Or are they claiming that since Calcaterra was ineligible, her petitions are therefore ineligible?

[ Parent ]
She should be eligible to fill the vacancy (0.00 / 0)
as the petitions were valid. She was disqualified from being a candidate due to the residency issue, so the law provides a solution, unless I am missing something.

Election law 6-148 provides:

ยง 6-148. Nomination and designation; filling vacancies

1. A vacancy in a designation or nomination caused by declination, where a declination is permitted by this article, or by the death or disqualification of the candidate, or by a tie vote at a primary, may be filled by the making and filing of a certificate, setting forth the fact and cause of the vacancy, the title of the office, the name of the original candidate, if any, and the name and address of the candidate newly designated or nominated.


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